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`FINJAN, INC.,
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` Case No.: 17CV183 CAB (BGS)
`
`ORDER ON:
`(1) TOLLING DISCOVERY
`DISPUTES
`(2) DEADLINES TO COMPLETE
`DISCOVERY
`
`[ECF 810]
`
`Plaintiff,
`
`v.
`ESET, LLC and ESET SPOL. S.R.O.,
`Defendants.
`
`
`The stay as to the ‘305 patent was lifted on July 23, 2020. (ECF 802.) On August
`17, 2020, counsel for the parties jointly contacted Judge Skomal’s Chambers to seek
`tolling of potential discovery disputes. (ECF 810.)
`The parties have not identified any disputes about which they have reached an
`impasse at this point. Rather, the parties were contacting chambers out of an abundance
`of caution because almost thirty days had lapsed since the stay was lifted. The parties
`wanted to avoid any possible waiver of disputes based on Judge Skomal’s 30-day rule
`that requires parties to contact chambers within 30 days of any dispute arising. The
`
`1
`
`17CV183 CAB (BGS)
`
`
`
`Case 3:17-cv-00183-CAB-BGS Document 811 Filed 09/01/20 PageID.39652 Page 2 of 2
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`parties indicated they were proceeding, but needed additional time to narrow issues and
`identify any disputes.
`The Court tolls timely1 discovery disputes concerning the ‘305 patent that arose
`prior to the stay to September 16, 2020. Additionally, although it is not necessary to toll
`other disputes at this time, the Court cautions the parties they must proceed diligently
`with any necessary updates to disclosures and contentions regarding the ‘305 patent.
`The parties must also meet and confer regarding ‘305 patent discovery to identify
`what discovery they need that is not cumulative or duplicative of discovery already
`completed and when it can be completed. The parties should submit a joint discovery
`plan identifying the discovery needed and deadline(s) when it can be completed by
`September 11, 2020.
`IT IS SO ORDERED.
`
`
`Dated: August 31, 2020
`
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`1 The tolling does not apply to any dispute that should have already been raised under the
`Court’s 30-day deadline. As to any dispute that is ultimately raised, the parties must be
`prepared to address the timeline of the dispute.
`
`2
`
`17CV183 CAB (BGS)
`
`
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